A Monkey-Wrenching Environmentalist Goes on Trial in Utah

Environmental activist Tim DeChristopher. Credit: Courtney Sargent / Deseret News / Rapport

Tim DeChristopher is nothing if not committed. Back in December of 2008, in the waning days of the Bush Administration, then-27 year-old DeChristopher threw a monkey wrench into a planned Bureau of Land Management (BLM) auction of thousands of acres of public territory in Utah for oil and gas exploration. DeChristopher—a college student at the University of Utah and an environmental activist—infiltrated the auction and sabotaged the sale, bidding up the price of land until he’d won more than 12,000 acres worth, at the cost of $1.79 million. Eventually, BLM officials figured out that the twentysomething college student was not in fact an oil and gas magnate, and took him into custody—but not until DeChristopher had made his point. “I saw this as a very corrupt and fraudulent process, and a threat to my future,” DeChristopher told me more than two years ago. “I told them I was there to commit civil disobedience and that this was a fraudulent auction.”

Fast-forward two years. After President Obama came into office, new Interior Secretary Ken Salazar invalidated the auctions on the grounds that the BLM had failed to complete procedural prerequisites about the impact that oil and gas exploration might have on nearby national treasures. But DeChristopher himself is still in trouble. He’ll appear in a Salt Lake City courtroom this morning to stand trial for defrauding the government—and if he’s convicted, he could face as much as 10 years in prison and $750,000 in fines.

There’s little doubt over DeChristopher’s technical guilt—he’s admitted that he bid at the BLM auction in an effort to disrupt the process, and that he had no intention to pay for the lots. But the activist has argued that he did so in order to serve a higher purpose—fighting climate change—and had no choice but to break the law. This is the “necessity defense,” and it was used in 2008 by British environmentalists who had been accused of causing criminal damage to a coal-power station chimney. The Kingsnorth Six, as they were called, argued that they were acting to prevent greater environmental damage—and they won their case.

DeChristopher isn’t likely to be so lucky, however. U.S. District Judge Dee Benson, who is overseeing the case, has already ruled out the necessity defense, so DeChristopher may not be able to employ the larger issue of climate change at his trial. DeChristopher also claims that the case has been politically motivated—his lawyers note that in at least 25 other cases no charges were brought against bidders who failed to pay for their leases—but Benson has blocked that line of argument as well. For their part, the oil and gas industry is pushing hard to convict DeChristopher. “We’re a nation of laws,” Kathleen Sgamma of the Western Energy Alliance told NPR. “There’s a democratic process in place if you don’t like what’s happening.”

For environmentalists, however, DeChristopher has become a cause célébre. 350.org founder Bill McKibben, climate scientist James Hansen and Robert Redford have written a letter in support of DeChristopher, and green celebrities like Darryl Hannah have traveled to Salt Lake City to attend the trial. Peaceful Uprising—a group founded by DeChristopher—has been holding rallies in Salt Lake City, and DeChristopher has asked his supporters to keep the pressure up, even after his trial:

The world will be watching. They’re looking to see how you react when I’m prosecuted and when I’m likely convicted and sent to prison. … The world is watching because they want to see if you’re going to back down.

Was DeChristopher right? As Brandon Loomis of the Salt Lake City Tribune writes, the activist faces an uphill case if he wants to escape a conviction:

[Paul] Cassell, the U. law professor, agrees that political motives can lead to harsher treatment in court, depending on circumstances. A defendant’s apparent altruism can help his or her case. But when the defendant is defiant, showing no remorse, he said, a judge may exact serious punishment to deter a repeat offense.

Cassell does not believe DeChristopher qualified for the necessity defense, with which he could stake his innocence claim to the perceived need to halt climate change. Such a defense is appropriate only when a danger is clearly imminent and directly tied to the threat in question, he said, and also when no legal remedy is available. The fact that environmental law group Earthjustice subsequently won a restraining order against the leases and that Obama’s Interior secretary, Ken Salazar, pulled most of them back for further review showed that other remedies existed, he said.

“Judge Benson got it right,” Cassell said.

But if DeChristopher and his allies truly believe that climate change presents an existential threat to the planet—and their lives—a conviction isn’t likely to change their minds. With Republicans back in control of the House and on the rise in state governments around the country, there’s already a pushback against greenhouse gas regulations and in favor of more oil and gas exploration, whatever the environmental cost. Committed greens like DeChristopher won’t just sit back and let that happen. The monkey wrenching may just be starting.

Related Topics: activism, BLM, environmentalists, gas, Obama Administration, oil, politics, protests, tim dechristopher, utah, Politics
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    Veganism Is Direct Action!

    Environmental devastation, rather than abortion or war, is the most visible manifestation of the collective karma facing human society for killing billions of animals.

    Tim DeChristopher would have accomplished his objectives by going vegan, and encouraging others to do likewise.

    “A diet that can lead to heart attacks, cancer, and numerous other diseases cannot be a natural diet,” writes Keith Akers in A Vegetarian Sourcebook (1983).

    “A diet that pillages our resources of land, water, forests, and energy cannot be a natural diet. A diet that causes the unnecessary suffering and death of billions of animals each year cannot be a natural diet.”

    I understand there are conservative Christians who fear vegetarianism…which is kind of like being afraid of nonsmoking, nondrinking, or recycling.

    Ronald J. Sider of Evangelicals for Social Action, in his 1977 book, Rich Christians in an Age of Hunger, pointed out that 220 million Americans were eating enough food (largely because of the high consumption of grain fed to livestock) to feed over one billion people in the poorer countries.

    A pamphlet put out by Compassion Over Killing says raising animals for food is one of the leading causes of both pollution and resource depletion today.

    According to a recent United Nations report, Livestock’s Long Shadow, raising chickens, turkeys, pigs, and other animals for food causes more greenhouse gas emissions than all the cars, trucks and other forms of transportation combined.

    Researchers from the University of Chicago similarly concluded that a vegetarian diet is the most energy efficient, and the average American does more to reduce global warming emissions by not eating animal products than by switching to a hybrid car.

    “Livestock are one of the most significant contributors to today’s most serious environmental problems. Urgent action is required to remedy the situation.”

    —Union Nations’ Food and Agriculture Association

    Nearly 75% of the grain grown and 50% of the water consumed in the U.S. are used by the meat industry. (Audubon Society)

    Over 260 million acres of U.S. forest have been cleared to grow grain for livestock. (Greenpeace)

    It takes nearly one gallon of fossil fuel and 5,200 gallons of water to produce just one pound of conventionally fed beef. (Mother Jones)

    Farmed animals produce an estimated 1.4 billion tons of fecal waste each year in the U.S. Much of this untreated waste pollutes the land and water.

    The following points and facts are excerpted from Please Don’t Eat the Animals (2007) by Jennifer Horsman and Jaime Flowers:

    “A reduction in beef and other meat consumption is the most potent single act you can take to halt the destruction of our environment and preserve our natural resources. Our choices do matter: What’s healthiest for each of us personally is also healthiest for the life support system of our precious, but wounded planet.”

    —John Robbins, author, Diet for a New America, and President, EarthSave Foundation

    One study puts animal waste in the United States to between 2.4 trillion to 3.9 trillion pounds per year. The United states produces 15,000 pounds of manure per person. This is 130 times the amount of waste produced by the entire human population of the United States.

    A 1,000-cow dairy can produce approximately 120,000 pounds of waste per day. This is the functional equivalent of the amount of sanitary waste produced by a city of 20,000 people.

    A 20,000-chicken factory produces about 2.4 million pounds of manure a year. Poultry factories are one of the fastest growing industries throughout Asia.

    One pig excretes nearly three gallons of waste per day, or 2.5 times the average human’s daily total. One hog farm with 50,000 pigs in France produces more waste than the entire city of Los Angeles, and some pig farms are much larger.

    Factory farm pollution is the primary source of damage to coastal waters in North and South America, Europe, and Asia. Scientists report that over sixty percent of the coastal waters in the United States are moderately to severely degraded from factory farm nutrient pollution. This pollution creates oxygen-depleted dead zones, which are huge areas of ocean devoid of aquatic life.

    Meat production causes deforestation, which then contributes to global warming. Trees convert carbon dioxide into oxygen, and the destruction of forests around the globe to make room for grazing cattle furthers the greenhouse effect.

    The Food and Agricultural Organization of the United Nations reports that the annual rate of tropical deforestation has increased from nine million hectares in 1980 to 16.8 million hectares in 1990, and unfortunately, this destruction has accelerated since then. By 1994, a staggering 200 million hectares of rainforest had been destroyed in South America just for cattle.

    “The impact of countless hooves and mouths over the years has done more to alter the type of vegetation and land forms of the West than all the water projects, strip mines, power plants, freeways, and sub-division developments combined.”

    —Philip Fradkin, in Audubon, National Audubon Society, New York

    Agricultural meat production generates air pollution. As manure decomposes, it releases over 400 volatile organic compounds, many of which are extremely harmful to human health.

    Nitrogen, a major by-product of animal wastes, changes to ammonia as it escapes into the air, and this is a major source of acid rain.

    Worldwide, livestock produce over thirty million tons of ammonia. Hydrogen sulfide, another chemical released from animal waste, can cause irreversible neurological damage, even at low levels.

    The World Conservation Union lists over 1,000 different fish species that are threatened or endangered. According to the United Nations Food and Agriculture Organization (FAO) estimate, over 60 percent of the world’s fish species are either fully exploited or depleted. Commercial fish populations of cod, hake, haddock, and flounder have fallen by as much as 95 percent in the north Atlantic.

    The United States and Europe lose several billion tons of topsoil each year from cropland and grazing land, and 84 percent of this erosion is caused by livestock agriculture.

    While this soil is theoretically a renewable resource, we are losing soil at a much faster rate than we are able to replace it. It takes 100 to 500 years to produce one inch of topsoil, but due to livestock grazing and feeding, farming areas can lose up to six inches of topsoil a year.

    Livestock production affects a startling 70 to 85 percent of the land area of the United States, United Kingdom, and the European Union. That includes the public and private rangeland used for grazing, as well as the land used to produce the crops that feed the animals.

    By comparison, urbanization only affects three percent of the United States land area, slightly larger for the European Union and the United Kingdom. Meat production consumes the world’s land resources.

    Half of all fresh water worldwide is used for thirsty livestock. Producing eight ounces of beef requires an unimaginable 25,000 liters of water, or the water necessary for one pound of steak equals the water consumption of the average household for a year.

    The United States government spends $10 million each year to kill an estimated 100,000 wild animals, including coyotes, foxes, bobcats, badgers, bears, and mountain lions just to placate ranchers who don’t want these animals killing their livestock. The cost far outweighs the damage to livestock that these predators cause.

    The Worldwatch Institute estimates one pound of steak from a steer raised in a feedlot costs: five pounds of grain, a whopping 2,500 gallons of water, the energy equivalent of a gallon of gasoline, and about 34 pounds of topsoil.

    Thirty-three percent of our nation’s raw materials and fossil fuels go into livestock destined for slaughter. In a vegan economy, only two percent of our resources will go to the production of food.

    “It seems disingenuous for the intellectual elite of the first world to dwell on the subject of too many babies being born in the second- and third-world nations while virtually ignoring the overpopulation of cattle and the realities of a food chain that robs the poor of sustenance to feed the rich a steady diet of grain-fed meat.”

    —Jeremy Rifkin, pro-life AND pro-animal author, Beyond Beef: The Rise and Fall of the Cattle Culture, and president of the Greenhouse Crisis Foundation

    According to the editors of World Watch, July/August 2004:

    “The human appetite for animal flesh is a driving force behind virtually every major category of environmental damage now threatening the human future–deforestization, topsoil erosion, fresh water scarcity, air and water pollution, climate change, biodiversity loss, social injustice, the destabilization of communities and the spread of disease.”

    Brother David Steindl-Rast, a Benedictine monk, similarly says in the February 1995 issue of Harmony: Voices for a Just Future (a peace and justice publication on the relgious Left):

    “…the survival of our planet depends on our sense of belonging–to all other humans, to dolphins caught in dragnets to pigs and chickens and calves raised in animal concentration camps, to redwoods and rainforests, to kelp beds in our oceans, and to the ozone layer.”

    Les Brown of the Overseas Development Council calculates that if Americans reduced their meat consumption by only ten percent per year, it would free at least twelve million tons of grain for human consumption–or enough to feed sixty million people.

    The number of animals killed for food in the United States is nearly 75 times larger than the number of animals killed in laboratories, 30 times larger than the number killed by hunters and trappers, and 500 times larger than the number of animals killed in animal pounds.

    People for the Ethical Treatment of Animals (PETA) is challenging those who think they can still be “meat-eating environmentalists” to go veg, if they really care about the planet.

    peta2 is now the largest youth movement of any social change organization in the world.

    peta2 has 267,000 friends on MySpace and 91,000 Facebook fans.

    A few years ago, PETA was the top-ranked charity when a poll asked teenagers what nonprofit group they would most want to work for. PETA won by more than a 2 to 1 margin over the second place finisher, The American Red Cross, with more votes than the Red Cross and Habitat for Humanity combined.

    “If anyone wants to save the planet,” says Paul McCartney in an interview with PETA’s Animal Times magazine from 2001, “all they have to do is stop eating meat. That’s the single most important thing you could do. It’s staggering when you think about it.

    “Vegetarianism takes care of so many things in one shot: ecology, famine, cruelty. Let’s do it! Linda was right. Going veggie is the single best idea for the new century.”

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